Revision: Jan. 11, 2010, midnight
CHAPTER 320
HB 134 – FINAL VERSION
27Mar2007… 0823h
06/07/07 1980s
27Jun2007… 2217cofc
27Jun2007… 2379eba
2007 SESSION
01/04
HOUSE BILL 134
AN ACT relative to electronic prescribing for prescription drugs.
SPONSORS: Rep. Rosenwald, Hills 22; Rep. MacKay, Merr 11; Rep. Miller, Straf 7; Rep. Case, Rock 1; Sen. Kenney, Dist 3; Sen. Estabrook, Dist 21; Sen. Fuller Clark, Dist 24
COMMITTEE: Health, Human Services and Elderly Affairs
This bill establishes procedures for electronic prescribing for prescription drugs and devices.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0823h
06/07/07 1980s
27Jun2007… 2217cofc
27Jun2007… 2379eba
07-0500
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to electronic prescribing for prescription drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
320:1 Statement of Intent. The general court recognizes the benefit of new technologies in the area of health care. The general court recognizes the sanctity of confidential and secure health care information. The general court further recognizes the goal of the New Hampshire Citizen’s Health Initiative to improve patient health and safety through electronic prescribing. The general court believes that the goal of electronic prescribing is best met through an environment that is confidential, secure, and free from commercial intrusion that may interfere with medical care and the patient-prescriber relationship. Therefore, the general court hereby establishes the framework to encourage electronic prescribing for the benefit of patients, prescribers, and payers of health care.
320:2 Prescriptions; Electronic Prescribing. Amend RSA 318:47-c to read as follows:
318:47-c Prescriptions.
I.(a) A prescription may be written, oral, or electronically transmitted. All oral prescriptions shall be immediately reduced to writing by the pharmacist or authorized technician receiving the oral prescription and shall indicate at least the name of the patient; the name, strength, and quantity of the drug prescribed; any directions specified by the prescriber; the name of the practitioner prescribing the medication; the date the prescription was ordered; a statement that the prescription was presented orally; and the name of the pharmacist who took the verbal order. The pharmacist who dispensed an original prescription shall indicate on the face of the prescription at least the assigned prescription identification number; the date of dispensing; the quantity actually dispensed; and his or her name or initials. The prescription shall be filed numerically by the assigned identification number for a period not less than 4 years. Such prescription files shall be open to inspection by the pharmacy board and its agents.
(b) A patient shall be entitled to receive a paper prescription instead of an oral or electronically transmitted prescription.
II.(a) A prescription that is electronically generated by a licensed prescriber, transmitted and received at the pharmacy by computer systems shall contain at least the name of the patient, the name, strength, and quantity of the drug prescribed, any directions specified by the prescriber, the name of the practitioner prescribing the medication, and shall be dated and signed by the prescribing practitioner on the day issued, and such signature shall be in an electronic format as defined in RSA 294-E:2, VIII.
(b) Electronic prescribing shall not interfere with a patient’s freedom to choose a pharmacy.
(c) Electronic prescribing software shall not use any means or permit any other person to use any means, including, but not limited to, advertising, instant messaging, and pop-up ads, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescribing practitioner at the point of care. Such means shall not be triggered by or in specific response to the input, selection, or act of a prescribing practitioner or his or her agent in prescribing a certain pharmaceutical or directing a patient to a certain pharmacy.
(d) Electronic prescribing software may show information regarding a payor’s formulary, co-payment, or benefit plan as long as nothing is designed to preclude or make more difficult the act of a prescribing practitioner or patient selecting any particular pharmacy or pharmaceutical.
(e) No person who has access to electronic prescription information solely by transmitting or facilitating the transmission of prescriptions between the licensed prescriber generating the prescription and the pharmacy receiving the prescription, or any intermediary, shall retain the prescription or any information it contains for longer than is mandated by federal or state law, after which time the prescription information shall be destroyed. No such person shall sell, use, or otherwise make available the prescription information for any purpose other than transmission of prescriptions, prescription refills, and clinical information displayed to the prescriber or pharmacist.
320:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 16, 2007
Effective: September 14, 2007